On the front of regulatory environment and disputes
resolution as well, India has to make necessary changes in its
regulatory environment. The commercial disputes issues that affect
foreign investors operating in India may include inadequate handling
of statutory legal compliances by the Indian partner, management
control i.e. (Indian corporate laws over ride any private contractual
terms between the joint venture partners, unless such terms are
addressed and reflected in the Articles of Association of the
company) and protection of intellectual property rights, and double
tax issues. Foreign investors may take pre-emptive steps
against frivolous litigation (criminal charges) by including suitable
arbitration clauses in their agreements.

Thus a practical aspect to consider may be
uniformity and alignment between applicable law, rules, venue and
forum for arbitration, enforcement of foreign judgments and awards in
India, apart from logistics of perhaps having to manage
multi-jurisdictional legal teams, including costs.

National and international ODR and e-courts
stakeholders may contact us with their concrete proposals of they
wish to collaborate with us on our techno legal ODR and e-courts
projects.